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Coalition should back off Thomson attacks: Fitzgibbon

Labor's chief whip, Joel Fitzgibbon, says the Opposition should back off its pursuit of Craig Thomson. He says the Coalition runs the risk of interfering in the legal process. Mr Fitzgibbon's also critical of the way New South Wales Police treated Mr Thomson, tipping off the media, arresting and strip searching him. And he's described the PM's naming the election date as crazy brave.

Transcript

Mr Fitzgibbon says by pushing hard on the issue the Coalition runs the risk of interfering in the legal process.

He's also critical of the way New South Wales Police treated Mr Thomson, from tipping off the media to arresting and strip searching him.

Mr Fitzgibbon spoke to Alexandra Kirk.

JOEL FITZGIBBON: One criminal barrister I spoke to was indeed surprised that he was arrested in the way he was but he was aghast at the idea that he might have been strip-searched and Craig Thomson has indeed confirmed directly to me that he was stripped.

JOEL FITZGIBBON: Well I'll leave it to others to buy into that debate. I'll only say once again that I think people everywhere, regardless of their views of the allegations, would be very surprised by the way Craig Thomson's been treated.

ALEXANDRA KIRK: Parliament has precedence over court hearings, so his lawyer is seeking to have next week's court appearance in Melbourne delayed until Parliament rises. But if Craig Thomson has to miss Parliament, have you sought an assurance from the Opposition to pair him? In other words, one of their MPs doesn't vote so they don't get an advantage?

JOEL FITZGIBBON: Well certainly Craig Thomson intends to cooperate fully with the legal processes, but he is also very keen to fulfil his obligations as a Member of Parliament. It's his absolute intention to attend Parliament for all of the coming two week period.

The only caveat on that is that he's awaiting final clerk's advice as to whether he is absolutely covered by the Privileges Act.

ALEXANDRA KIRK: Do you think he is covered by the Privileges Act?

JOEL FITZGIBBON: Oh my view is that he'd be covered by the Privileges Act. It takes precedence. His first obligation is to the Parliament and the court system has to work around that. Surely there can be a time arranged that doesn't conflict with his parliamentary obligations.

ALEXANDRA KIRK: The Opposition's made it clear that it won't let the matter rest, despite them saying that Mr Thomson's entitled to the presumption of innocence. This is going to hound Julia Gillard all the way to the election it seems.

JOEL FITZGIBBON: Well as has been the case since the last election, the Opposition is frothing at the mouth, looking for opportunities to bring on an early election, through their eyes to take government earlier than they might have hoped.

But they need to be very, very careful. These things can occur on both sides of politics. He is entitled to the presumption of innocence and they should be very, very careful not to be interfering with these processes.

ALEXANDRA KIRK: Would it be better for the Government if Craig Thomson stood aside?

JOEL FITZGIBBON: No it's not in the Government's interests for Craig Thomson to leave the Parliament and on a personal basis I don't see any necessity for him to leave the Parliament.

ALEXANDRA KIRK: Well some in the Government say that nothing has changed re Craig Thomson because he hasn't been convicted, but things have changed because he has been charged now.

JOEL FITZGIBBON: Well there are precedents for people participating in the Parliament having been charged. The constitution is very clear on this. The only thing that bars him from participating is to have been found guilty of an offence punishable by more than 12 months jail.

We are nowhere near there and maybe we'll never get there, so the Opposition and others should be very, very careful in terms of coming to conclusions and running the risk of interfering with this legal process.

ALEXANDRA KIRK: You're a friend of Craig Thomson's. Is the Opposition piling on too much pressure on him?

JOEL FITZGIBBON: Well I do consider myself a friend of Craig Thomson. I think friends stick by their mates. We should let the legal processes run their course. I believe the Opposition is targeting Craig Thomson through the prism of political opportunity and on that basis, yes I do think it's time they backed off and allowed the legal processes to run their course.

ALEXANDRA KIRK: How is he coping? His lawyer says that he is.

JOEL FITZGIBBON: He's a tough character, Craig Thomson. He absolutely believes in his innocence and I'm sure he draws strength from that and I think the fact that he fully intends to participate in the Parliament over the course of the next two weeks is an indication of his determination and his strength.

ALEXANDRA KIRK: Could I just ask you on another matter, what do you think of the Prime Minister's decision to name the election date so far out?

JOEL FITZGIBBON: Oh look there are valid arguments on either side of this debate. The Prime Minister has acknowledged herself that there are risks. I've described it as maybe crazy brave. It's a bit like catch-up football, sometimes it works and sometimes it doesn't. She's made her decision. She's entitled to and let's hope that it works well for her.

ALEXANDRA KIRK: What are the negatives in your view?

JOEL FITZGIBBON: Well of course we lose the benefit governments enjoy of being able to call the election whenever we like, when it is to our advantage.

ALEXANDRA KIRK: And to keep the Opposition guessing.

JOEL FITZGIBBON: Keep the Opposition guessing. I think there is an argument that it elevates Tony Abbott and of course it does help them with their own election planning.

But at the same time, the Prime Minister's clearly articulated the benefits and they are without challenge. It's a bit of a double edged sword and she's made the call and we all keep our fingers crossed that it's been a good call.